Tweet
I'm in a difficult situation. Last month I was dismissed for gross misconduct. I can't really have any complaints, I'd provided services to some customers without charging and did the same for some services for myself.
During the disciplinary process, trying to save my job I said I would pay back what was owed however I'm now inclined not to do this. I feel a couple of incidents last year led to the owner of the business looking to get rid of me and whilst I recognise I have done wrong these incidents have left a bitter taste. They were:
1) being caught arriving late after I was monitored on CCTV without being told CCTV was being used (no CCTV policy / informing ICO / informing staff)
2) being told I had to work in the office despite guidance at the time (I'm classed as clinically vulnerable re Covid) to work from home where possible
A few days after my dismissal I was sent an invoice and told it was expected to be paid within 7 days. I then spoke with someone I know who works in HR (in hindsight I wish I'd spoke when I was suspended) and was told to reply saying I would not be paying it and to put in a SAR around discussions had around my health condition with a view that we may be able to counter claim for unfair dismissal. (no mention of this was sent on my response)
I received a reply to say the SAR would be responded to and that the owner would be claiming as a loss on insurance and would be contacting the police for a crime reference number. I suspect this was to make me worried but I've not engaged any further. A week later another invoice was sent and today another. Both I've ignored.
I had a call with Acas last week, they told me that I'm unlikely to have a case for unfair dismissal as I did not do anything about the CCTV or WFH at the time (Sept/Oct) and he has followed process re the gross misconduct. I'm hoping that the CCTV issue and another complaint I've noted (I was encouraged to falsify documents in order to pass ISO accreditations) could lead to a COT3 where we both agree to drop everything, however I've not heard anything since the initial call 10 days ago.
Another point here is the owner removed my access to a domain registered in my name and changed its settings so I could not use the service. This included email which I use to liaise with freelance clients over (web design). I managed to resolve this through Nominet (UK registrar of domain names) and they pulled it from his control back to me however it took 2 weeks to do so in which time clients attempting to contact me were met with a failure message.
I'm worried that he's leading to filing with the small claims court and these invoices are his way of documenting things.
Any guidance much appreciated re the following:
1) Is my offer to pay what was owed going to bite me? I said this in the disciplinary hearing which was recorded. I was told I'd receive a copy of this but haven't.
2) I expect there's nothing stopping him filing a claim but would the email I have from him saying he was claiming on insurance affect that?
3) If it comes to it, can I counter claim for loss of earnings due to clients not being able to get hold of me? I know I have missed out on work from one of my regulars which is worth almost all of the latest invoice I've been sent.
Any other advice welcome.
I hope it doesn't get messy, the company failed to report a data breach a few years ago and whilst I have that up my sleeve, it's not something I'd like to bring up. As it stands, I'm waiting on Acas (chased this week but nothing back) however I know he doesn't have to engage.
I'm also aware this doesn't paint me in a very good light however there have been a lot of issues over the last 18 months and it's not been a great place to work. The company invested £300k in equipment prior to Covid and the last year has been a major cost cutting exercise including making a colleague with a young family redundant 3 days before Christmas.
During the disciplinary process, trying to save my job I said I would pay back what was owed however I'm now inclined not to do this. I feel a couple of incidents last year led to the owner of the business looking to get rid of me and whilst I recognise I have done wrong these incidents have left a bitter taste. They were:
1) being caught arriving late after I was monitored on CCTV without being told CCTV was being used (no CCTV policy / informing ICO / informing staff)
2) being told I had to work in the office despite guidance at the time (I'm classed as clinically vulnerable re Covid) to work from home where possible
A few days after my dismissal I was sent an invoice and told it was expected to be paid within 7 days. I then spoke with someone I know who works in HR (in hindsight I wish I'd spoke when I was suspended) and was told to reply saying I would not be paying it and to put in a SAR around discussions had around my health condition with a view that we may be able to counter claim for unfair dismissal. (no mention of this was sent on my response)
I received a reply to say the SAR would be responded to and that the owner would be claiming as a loss on insurance and would be contacting the police for a crime reference number. I suspect this was to make me worried but I've not engaged any further. A week later another invoice was sent and today another. Both I've ignored.
I had a call with Acas last week, they told me that I'm unlikely to have a case for unfair dismissal as I did not do anything about the CCTV or WFH at the time (Sept/Oct) and he has followed process re the gross misconduct. I'm hoping that the CCTV issue and another complaint I've noted (I was encouraged to falsify documents in order to pass ISO accreditations) could lead to a COT3 where we both agree to drop everything, however I've not heard anything since the initial call 10 days ago.
Another point here is the owner removed my access to a domain registered in my name and changed its settings so I could not use the service. This included email which I use to liaise with freelance clients over (web design). I managed to resolve this through Nominet (UK registrar of domain names) and they pulled it from his control back to me however it took 2 weeks to do so in which time clients attempting to contact me were met with a failure message.
I'm worried that he's leading to filing with the small claims court and these invoices are his way of documenting things.
Any guidance much appreciated re the following:
1) Is my offer to pay what was owed going to bite me? I said this in the disciplinary hearing which was recorded. I was told I'd receive a copy of this but haven't.
2) I expect there's nothing stopping him filing a claim but would the email I have from him saying he was claiming on insurance affect that?
3) If it comes to it, can I counter claim for loss of earnings due to clients not being able to get hold of me? I know I have missed out on work from one of my regulars which is worth almost all of the latest invoice I've been sent.
Any other advice welcome.
I hope it doesn't get messy, the company failed to report a data breach a few years ago and whilst I have that up my sleeve, it's not something I'd like to bring up. As it stands, I'm waiting on Acas (chased this week but nothing back) however I know he doesn't have to engage.
I'm also aware this doesn't paint me in a very good light however there have been a lot of issues over the last 18 months and it's not been a great place to work. The company invested £300k in equipment prior to Covid and the last year has been a major cost cutting exercise including making a colleague with a young family redundant 3 days before Christmas.
Comment